Mensa et Thoro
The term “mensa et thoro” is a latin phrase that literally translates to “from table and bed.” This is a term that is commonly used to define a couple who are legally allowed to live apart without going through a divorce or being brought to court for desertion. The couple is still legally married and they are not allowed to remarry. These legal separations are beneficial when a couple does not wish to legally pay for a divorce or when the court mandates that a couple separate because of domestic violence or abuse.
In California, certain issues can still be addressed regarding legal separation including child support, child custody and spousal support. These issues will need to be investigated by a judge for there to be a determination of visitation and payments. It is good idea for couples who choose to live separately while remaining married to obtain a separation agreement.
This agreement will help you outline what happens to your finances and determines support for children while protecting your assets in case a divorce does inevitably occur.